试论亲权的义务性

亲权是一种基于父母子女身份而发生、专属于父母的一项法律权能.本文试图从亲权产生、发展变化的角度,从亲权法律关系主体的构成,从亲权制度的具体内容等方面阐述亲权的义务属性,目的在于使我国所建立的亲权制度,能够为营造民主、自由、平等的父母与未成年子女关系提供制度上的保障,并体现出<婚姻法>社会保障性、社会福利属性、保护弱者的价值取向,引导亲权人更好地保护未成年子女的合法权利,将个人意思自治的需求与社会公共利益的实现相结合.

The nature of obligation on right of kinship

Right of kinship is legal powers and functions specially belonging to parents, which e- merges on account of identity of parents and children. The article clearly states the nature of obli- gation on rights of kinship in various aspects, which starts from the emergence and development of rights of kinship , involves the principals' composition of legal relationship of the rights of kin- ship,and specific content of regulations of kinship. The article aims at ensuring democratic, free and equal relationship between parents and minor children under the regulations of rights of kin- ship established in our counry, reflecting the law of marriage with social security, public welfare and value tendency of protecting weakness, leading parents to protect the legitimate rights and interests of minor children better, and combining their personal demand and accomplishment of public interests as well.